Category Archives: Insurance News

Catch-all category for developments in the law of insurance.

Plaintiff’s Lack of Credibility Taints Evidence of Medical Experts

Posted on October 17, 2005 by Stephen Cavanagh

In a decision released this afternoon, Mr Justice Geoffrey Morawetz dismissed a personal injury action alleged to have arisen from a motor vehicle accident. He found that the plaintiff had not established that her injuries met the threshold. His rather … Continue reading →

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Insurer of a leased vehicle is entitled to subrogated against a driver who operates the vehicle without the proper licence

Posted on October 14, 2005 by Stephen Cavanagh

The Superior Court of Justice has held that an insurer of a leased vehicle is entitled to subrogated against a driver who operates the vehicle without the proper licence. In Certas v. Strifler, the policy was issued to the lessee … Continue reading →

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Insurer Can’t Subrogate Against Additional Insured, Even Under Separate Policy

Posted on September 23, 2005 by Stephen Cavanagh

In Lacombe v. Phillips et al., Master Robert Beaudoin has ruled that an insurer cannot subrogate against an entity named as an “additional insured” in one of its policies, even when the payment sought to be recovered was made under … Continue reading →

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Insurer Liable for Insured’s Entire Defence Costs Although Only One Small Part of Claim Covered

Posted on July 25, 2005 by Stephen Cavanagh

In ARG Construction Corp. v. Allstate, a decision released last week, Justice Lee Ferrier of the Ontario Superior Court of Justice ruled on the apportionment of defence costs in an insurance dispute arising out of a construction claim. He held … Continue reading →

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Cohabiting

Posted on July 19, 2005 by Stephen Cavanagh

Justice David Little’s ruling in Stephens v. Stawecki makes it clear that, in determining whether a couple has “cohabited continuously for a period of not less than three years”, so as to make them “spouses” under s. 61 of the … Continue reading →

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C.A. Says Its 2001 Decision in McNaughton v. Dominion Was Wrong

Posted on June 15, 2005 by Stephen Cavanagh

In David Polowin Real Estate Co. v. Dominion of Canada, released today, the Court of Appeal took the unusual step of reversing one of its own decisions. Not only that, the judge who wrote today’s decision (Justice John Laskin) was … Continue reading →

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Another C.A. Ruling on Operation and Use of Automobile

Posted on June 7, 2005 by Stephen Cavanagh

An embarrassment of riches. The Court of Appeal has released a second decision this afternoon which deals with almost the identical issue as did Herbison v. Lumbermens. In Vytlingam v. Farmer, the underlying claim arose from a boulder having been … Continue reading →

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C.A. Takes Latest Shot in Ownership, Use, Operation of an Automobile Debate

Posted on June 7, 2005 by Stephen Cavanagh

This afternoon, the Court of Appeal released its decision in Herbison v. Lumbermens Mutual Casualty. The Court allowed the claimant’s appeal and ruled that an auto insurer, Lumbermens, was obliged to indemnify its insured (“Wolfe”) against the tort liability he … Continue reading →

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CPP Benefits Held Deductible from Income Loss Damages

Posted on May 30, 2005 by Stephen Cavanagh

In Meloche v. McKenzie, a decision of Mr. Justice Terrence Patterson, it was held that CPP disability benefits are deductible from an award of damages for pre-trial income loss in a Bill 59 motor vehicle case. It was also ordered … Continue reading →

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Fire Caused by Auto Repairs Not Covered by Tenant’s Liability Insurance

Posted on May 24, 2005 by Stephen Cavanagh

Attached is a copy of Justice Lally’s reasons in Blight v. AXA and Royal & SunAlliance, decided last Friday in Belleville. The court ruled that there was no liability coverage under a tenant’s insurance policy for a fire that broke … Continue reading →

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